GETZEN v. ROMERO (2021)

United States Court of Appeals, Ninth Circuit.

David GETZEN, Plaintiff-Appellant, v. Juan Garcia ROMERO, Detention Officer, Defendant-Appellee.

No. 20-17241

Decided: September 23, 2021

Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.

David Getzen, Tucson, AZ, Pro Se.

MEMORANDUM **

David Getzen appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Erlin v. United States, 364 F.3d 1127, 1130 (9th Cir. 2004) (dismissal on the basis of the statute of limitations); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000) (dismissal under 28 U.S.C. § 1915A). We affirm.

The district court properly dismissed Getzen's action because it is barred by the applicable two-year statute of limitations. See Jones v. Blanas, 393 F.3d 918, 927 (9th Cir. 2004) (§ 1983 claims are governed by the forum state's statute of limitations for personal injury claims); TwoRivers v. Lewis, 174 F.3d 987, 991-92 (9th Cir. 1999) (the statute of limitations for § 1983 claims in Arizona is two years).

Getzen's motion for default (Docket Entry No. 15) and motion to consolidate (Docket Entry No. 16) are denied.

AFFIRMED.

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